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Was Santa Barbara County negligent in failing to warn?

As someone who has lived and hiked the Santa Barbara County trijocker01/11/18
“Sign ‘em up” - J. Lyman “Bruiser” Stone. ambulancechaser201301/11/18
This is the sort of frivolous litigation that bastardized th trickydick01/11/18
I repeat myself. Sign ‘me up. ambulancechaser201301/11/18
I love Montecito and and the surrounding area. Such unique imoothereforeim01/11/18
You want to sue the State of CA for failing to predict a nat isthisit01/11/18
There is a difference between an earthquake that suddenly oc trijocker01/12/18
I think we were going to limit it to the County of Santa Bar ambulancechaser201301/11/18
I was under the impression CalFire/SB County had issued evac lucapacioli01/11/18
I have no clue. But it sounds like something the County woul ambulancechaser201301/11/18
Common sense/logic would argue that it depends how the warni ambulancechaser201301/11/18
trijocker (Jan 11, 2018 - 6:38 pm)

As someone who has lived and hiked the Santa Barbara County foothills, it is hard to believe that County officials could not predict or plan to issue a warning when heavy rainfall was about to occur and mudslides would ensue after the recent fires. School districts can issue a robo call to celphones so why didn't Santa Barbara county? Would any of the deceased families be able to file a wrongful death action?

"Santa Barbara County officials chose not to send an emergency alert to cellphones until destructive flooding had already begun early Tuesday morning, officials said, though emails ... But the county decided not to use the the push alert system to cellphones out of concern that it might not be taken seriously."

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ambulancechaser2013 (Jan 11, 2018 - 6:46 pm)

“Sign ‘em up” - J. Lyman “Bruiser” Stone.

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trickydick (Jan 11, 2018 - 7:06 pm)

This is the sort of frivolous litigation that bastardized the profession.

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ambulancechaser2013 (Jan 11, 2018 - 7:20 pm)

I repeat myself. Sign ‘me up.

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imoothereforeim (Jan 11, 2018 - 7:30 pm)

I love Montecito and and the surrounding area. Such unique climate and flora.

I remember Oprah's giant compound was burn to the ground a few years back. I guess people live there should have known the risk.

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isthisit (Jan 11, 2018 - 10:47 pm)

You want to sue the State of CA for failing to predict a natural disaster?

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trijocker (Jan 12, 2018 - 7:20 am)

There is a difference between an earthquake that suddenly occurs and a flooding event that the county had prior knowledge was going to cause mudslides. Why wait until the rivers of earth were coming down to notify people to leave? If you can send Amber Alerts and school closures to celphones then the county should have activated the system prior to the boulders rolling down the mountains in rivers of mud.

"The Los Angeles Times reported this Wednesday that the emergency alert issued by Santa Barbara County’s Office of Emergency Management (OEM) to the cell phones of registered Montecito residents was not broadcast until 3:52 a.m. Tuesday, after the foothills began letting loose violent debris flows that tossed boulders and cars and ripped entire homes from their foundations. The alert came 1 hour and 20 minutes after the National Weather Service (NWS) issued its own cell phone warning of imminent flash flooding in the Montecito area."


http://beta.latimes.com/local/lanow/la-me-evacuations-montecito-20180110-story.html

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ambulancechaser2013 (Jan 11, 2018 - 11:15 pm)

I think we were going to limit it to the County of Santa Barbara. ;) in all seriousness I would focus on the insurance claims if I was looking at these things.

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lucapacioli (Jan 11, 2018 - 11:29 pm)

I was under the impression CalFire/SB County had issued evacuation orders and warnings the night before that storm hit. If they did, in fact, issue some sort of warnings before the storm hit do you think that would be enough to say they were not negligent?

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ambulancechaser2013 (Jan 11, 2018 - 11:38 pm)

I have no clue. But it sounds like something the County would move for summary judgment and/or adjudication on. This lawsuit would be no joke as the County and State would fight it tooth and nail due to the precedent any settlement would set. This is no workers’ comp or tort auto accident lawsuit.

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ambulancechaser2013 (Jan 11, 2018 - 11:42 pm)

Common sense/logic would argue that it depends how the warning was issued. Was it through a regular manner, was it through emails (apparently not) was it through text (apparently not) was there an alert system. And that’s just the facts. The law might lead all of this not to matter. Is there a duty to warn by a state or municipal entity? If so to who?

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